USA v. Maurice Maxwell, No. 12-1809 (7th Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 19, 2013.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued April 19, 2013 Decided August 15, 2013 Before FRANK H. EASTERBROOK, Chief Judge RICHARD A. POSNER, Circuit Judge ANN CLAIRE WILLIAMS, Circuit Judge No. 12-1809 UNITED STATES OF AMERICA, Plaintiff-Appellee, Appeal from the United States District Court for the Western District of Wisconsin. v. No. 11 CR 25-WMC MAURICE MAXWELL, Defendant-Appellant. William M. Conley, Chief Judge. ORDER On July 19, 2013, this court ordered a limited remand under the procedure set forth in United States v. Paladino, 401 F.3d 471, 483 84 (7th Cir. 2005), so that the district court could state on the record whether the sentence remains appropriate now that Dorsey v. United No. 12-1809 Page 2 States, 132 S. Ct. 2321, 2335 36 (2012) has confirmed that the lower mandatory minimums under the Fair Sentencing Act (FSA) apply to all defendants sentenced after August 3, 2010. See United States v. Maxwell, __F.3d__, 2013 WL 3766519 (7th Cir. July 19, 2013). The district judge has replied he cannot conclude that he would have imposed the same sentence at the time of Maxwell s original sentencing had he known that the FSA applied. Specifically, Judge Conley states that Maxwell s revised Sentencing Guidelines range under the FSA would play some role in arriving at an appropriate sentence on remand. Accordingly, pursuant to Paladino, we VACATE Maxwell s sentence and REMAND to the district court for resentencing.
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